Housing (Miscellaneous Provisions) Act 1992

Definition of housing authority and transfer of functions.

23

23. F31 [ (1) A reference in the Housing Acts 1966 to 2014 to a housing authority is a reference to a local authority and references to the functional area of a housing authority shall be construed accordingly; ]

(2) F32 [ ]

(3) ( a) The Minister may, by order, as respects any function of a housing authority within the meaning of subsection (1) F33 [ ] which he considers could be performed more effectively or appropriately by a local authority, other than the housing authority concerned, transfer the function to the said local authority.

( b) In relation to a housing authority to whom a function is transferred in accordance with paragraph (a), an order under this subsection shall specify whether the authority shall, as respects the functional area of the authority from whom the function is transferred, perform the function separately from or as one with the functional area of the first mentioned authority.

( c) An order under this subsection may make provision in relation to the charging of expenses in relation to a function transferred pursuant to paragraph (a).

( d) The Minister may by order amend or revoke an order made under this subsection, including an order made under this paragraph.

(4) The Principal Act is hereby amended by the deletion of the definition of “ housing authority” in subsection (1) of section 2.

F34 [ (5) F35 [ ] ]

Annotations:

Amendments:

F31

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.

F32

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.

F33

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. No. 214 of 2014.

F34

Inserted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 16(b), S.I. No. 329 of 2002.

F35

Deleted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(3) and sch. 2 part 1, S.I. 214 of 2014.

Modifications (not altering text):

C22

Application of subs. (3) extended (11.09.1998) by Housing (Traveller Accommodation) Act 1998 (33/1998), s. 5(2), S.I. No. 328 of 1998.

Relevant housing authority.

5.— ...

(2) Section 23 (3) of the Act of 1992 shall apply to a function of a relevant housing authority under this Act in the same way as it applies to a housing authority.

Editorial Notes:

E43

Power pursuant to subs. (3) exercised (19.05.2004) by Housing (Transfer of Functions) (No. 2) Order 1993 (Amendment) Order 2004 (S.I. No. 218 of 2004).

E44

Power pursuant to subs. (3) exercised (1.08.1995) by Housing (Transfer of Functions) (No. 2) Order 1995 (S.I. No. 187 of 1995), in effect as per art. 2.

E45

Power pursuant to subs. (3) exercised (1.03.1995) by Housing (Transfer of Functions) Order 1995 (S.I. No. 36 of 1995), in effect as per art. 2.

E46

Power pursuant to subs. (3) exercised (1.10.1993) by Housing (Transfer of Functions) (No. 2) Order 1993 (S.I. No. 284 of 1993), in effect as per art. 2.

E47

Power pursuant to subs. (3) exercised (15.06.1993) by Housing (Transfer of Functions) Order 1993 (S.I. No. 153 of 1993).

E48

Previous affecting provision: power pursuant to subs. (3) exercised (1.01.2009) by Housing (Transfer of Functions) Order 2008 (S.I. No. 582 of 2008), in effect as per art. 2; revoked (1.01.2018) by Housing (Rebuilding Ireland Home Loans) Regulations 2018 (S.I. No. 25 of 2018), reg. 15(1) and sch. item 1, in effect as per reg. 1(2), subject to transitional provisions in reg. 15(2).

E49

Previous affecting provision: subs. (1) substituted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 16(a), S.I. No. 329 of 2002; substituted (1.02.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 4 item 5, S.I. No. 540 of 2009; substituted as per F-note above.

E50

Previous affecting provision: subs. (2) substituted (27.06.2002) by Housing (Miscellaneous Provisions) Act 2002 (9/2002), s. 16(a), S.I. No. 329 of 2002; substituted (1.02.2010) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 4 item 5, S.I. No. 540 of 2009; deleted as per F-note above.

E51

Previous affecting provision: subs. (2)(a) deleted (1.01.1994) by Local Government (Dublin) Act 1993 (31/1993), s. 4 and sch. 1 part 1, S.I. No. 400 of 1993.